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…There is a burden on the applicant for security to show cause why the relief should be granted. Cases No cases referred to. Statutes 1. Civil Procedure Rules (cap 21) sub leg order XXV rule 1 2.…

…As I see it there is a burden on the applicant for security to show cause why the relief should be granted.…

…This is rule 1 of order 36 which so far as it is relevant, provides that: "... any person claiming to be interested in the relief sought as ... heir ... of a deceased person ... may take out ... an Originating Summons ...…

…for such relief of the nature or kind following, as may by the summons be specified and the circumstances of the case may require, that is to say, the determination ... of any of the following questions: (a) any question…

…The first consideration impels a court to grant the relief in a deserving case.…

…That case spells out the necessary conditions for the grant of the relief.…

…It was not a frivolous suit, and he was able to get temporary relief.…

…Now, injunction is an equitable relief, a court of equity administers justice according to fairness as contrasted with the strict formulated rules of common law.…

…Since equity administers justice on basis of fairness, it would be wrong for that very relief to be used to afford someone unfairness, and the court has power to discharge an injunction where such unfairness is to be found…

…The main relief sought is that defendant do give possession of the portion he has taken to the plaintiff. There has been previous proceedings. In Meru High Court Civil Appeal No. 22/88.…

…(e) Such further of other relief as to this Honourable Court shall seem appropriate. Alternatively 2.…

…that person or to seek relief which might affect him.”…

…Being an equitable remedy, the court has to consider all the circumstances including the conduct of the parties and whether in all the circumstances an applicant is entitled to equitable relief. 2.…

…Being an equitable remedy, the Court has to consider all the circumstances including the conduct of the parties and whether in all the circumstances an applicant is entitled to equitable relief.…

…Finally, it was urged that the respondents did not come to Court with clean hands and this was not a case in which an equitable relief of specific performance should have been granted. We are unable to agree.…

…Taking all the circumstances of the case into account we find that the relief granted was justified and we see no reason to interfere.…

…Section 59 (1) of the Registered Land Act gives the Court jurisdiction to grant the tenant relief from forfeiture. In any case courts of equity grant relief against forfeiture for non-payment of rent.…

…In Thalches v C of Pearce and Sons (Contractors) Ltd [1968] 1 WLR 74g, relief against forfeiture for non-payment of rent was granted even when the landlord had re-entered peacefully.…

…limitation of time by statute and further that the 1st defendant repudiated it on 16th August, 1984; that the suit land was subject to Land Control Board’s consent which was not granted within the prescribed time and; that the relief…

…the plaint that it is not the second defendant which entered into contract with the plaintiffs but the first defendant it is averred in para 5 that the first defendant was contracted by the second defendant to transport relief…

…On the 29th day of December, 1995 the plaintiff filed a 15 page plaint against the defendant claiming the following reliefs: "(a) Declarations in terms of paragraph 13 `above' and directions and judgment for loss and for…

…In particular, mistake or misunderstanding of the appellant's legal advisers, even though negligent, may be accepted as a proper ground for granting relief, but whether it will be so accepted must depend on the facts of the…

…The learned judge further found that the appellant had not gone to court with clean hands and had not shown good faith to entitle him to the relief sought.…

…The learned judge further found that the appellant had not gone to court with clean hands and had not shown good faith to entitle him to the relief sought.…

…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…

…There are no pleas in the defence that would enable the Court to grant such relief. The plaintiff has asked for summary judgment on his claim.…

…I would give relief that is just in the circumstances of this case at shs. 100,000/- together with interest at court rates from today’s date.”…

…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…